Tag Archives: Fax

Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment

Photo of Kristen HawesBy Kristen Hawes on Posted in TCPA
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by sending an … Continue Reading

DC Circuit Denies Intervenors’ Petition for Rehearing En Banc After Striking Down FCC Regulations Requiring Opt-out Notifications on Solicited Fax Advertisements

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement when, by its express terms, the TCPA applies only to unsolicited fax advertisements. Order, Yaakov v. Federal Communications Commission, No. … Continue Reading

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

Photo of Casie CollignonPhoto of Sammantha TillotsonBy Casie Collignon and Sammantha Tillotson on Posted in Advertising Class Action
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement transmissions that stated that “[a] facsimile advertisement . . . sent to a recipient that has provided prior express invitation or permission … Continue Reading

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

By C. Zachary Rosenberg on Posted in Class Action Trends, Insurance, Ohio, Settlements
Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the Telephone Consumer Protection Act (TCPA).  Windmill Nursing Pavilion Ltd. v. Cincinnati Insurance Co. et al., 2013 IL App (1st) 122431 … Continue Reading

Karlsgodt and Winquist to Speak at Strafford Web Seminar

By Guest Blogger on Posted in Events
Class Action Lawsuit Defense blog contributors, Paul Karlsgodt and Justin Winquist, will be speaking in an upcoming Strafford live phone/web seminar, “Class Actions for Telephone and Fax Solicitation and Advertising Post-Mims,” scheduled for Wednesday, March 20, 1:00-2:30 p.m. EDT. For more information or to register>> Or call 1-800-926-7926 ext. 10 (ask for TCPA Class Actions … Continue Reading
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